BY SAM ALFAN.

The High Court has certified as urgent an application seeking to stop the government from demanding proof of vaccination before getting services.

Justice Hedwig Ong’udi also directed Enock Aura to serve the petition to the government immediately ahead of the hearing.

The Judge further directed the Ministry of Health among other government officials to file their responses within seven days.

In the petition, Aura argues that it is wrong for the government through the Health Cabinet Secretary to demand proof of vaccination from Kenyans before getting services.

Through lawyer Harrison Kinyanjui, Aura argues that Kagwe’s directive negatively implicates and violates the guaranteed cross section of the fundamental rights and freedoms of Kenyans.

He says the directive is contrary to Article 20(1) of the constitution which stipulates that the Bill of rights applies to all laws and binds all state organs and all persons.

“Unless brought to heel, Kagwe’s unconstitutional edict impugned herein will be taken up by the Ministry of Transport, Interfaith Council on the National Response to Coronavirus Pandemic, Inspector General, council of Governors among others and treated as law (when it is not) and extended to other occupation, private sector, Kenyans’ private homes and hence stymying and pegging the enjoyment of virtually every human right to these vaccinations in the manner jeopardizing Kenyans’ human existence,” says Aura.

Aura adds that the directive on Covid-19 vaccination by the Health Ministry as a pre-condition for Kenyans to board public service vehicles implies that the PSV licensing regime under the National Transport and Safety Authority has been usurped by health ministry in the imposition of a non-existent statutory condition for Kenyans to board and use PSV.

The case will be heard on December 8 before Justice Anthony Mrima. 

BY SAM ALFAN.

A businessman and his company Good Earth (Group) ltd have been charged with obtaining security of over half billion shillings.

Jayesh Umedlal Shanghavi and the company appeared before Milimani senior principal magistrate Wandia Nyamu and denied the charges.

Jayesh, his wife Nina Jayesh Shanghavi (absent during plea) and Good Earth (Group) ltd are accused that between December 10, 2018 and November 23, 2020 in Nairobi, by false pretences and with intent to defraud, jointly with others not before court induced Victoria Commercial Bank ltd to execute First Legal Charge over agreement Number B2 erected on land reference Number 1870/11/253, Nairobi (Crystal Edge Apartments) to secure Sh520, 000,000 million as valuable security.

He was released on a cash bail of Sh400, 000 pending hearing and determination of the criminal case.

BY PHOEBE WANJOHI.

A High Court judge who has featured in a series of videos published by former Nairobi Governor Mike Sonko is now facing another petition seeking to oust him from office.

Justice Said Chitembwe is now facing a second petition after Francis Wambua lodged a case before the Judicial Service Commission seeking for his removal as a judge.

Wambua claims that the Judge has involved himself in various acts of gross judicial misconduct by discussing the merits of a matter pending in court, which was pending before him with third parties.

He says the Judge lacks integrity to continue holding office and further that he has breached the Constitutional provisions on integrity, the Judicial Service Code of Conduct and the Bangalore Principles of Judicial Conduct.

Wambua claims that the judge has been using his alleged brother Amana Saidi Jirani as a proxy and agent, to allegedly receive bribes on his behalf.

He adds that Judge Chitembwe lacks impartiality, by allowing himself to be influenced in the performance of the duties of his judicial office.

Wambua argues that fraudulent and corrupt dealings by the learned judge is to be inferred from the surrounding circumstances of the matter.

It is his claims that the Judge demonstrated open bias, malice and ineptitude against former Nairobi Governor Mike Mbuvi Sonko.

Wambua further allege that he has evidence of telephone conversation between the Judge and an advocate wherein the said Judge confirms that he was approached by lawyer Miller and Guyo regarding two petitions.

He alleges that the advocates wanted the Judge to rule against Sonko in High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021.

“The said learned Judge had a land transaction to which the Ex-Governor Mike Mbuvi Sonko was involved and it had a monetary implication and the said learned Judge made unrealistic demands regarding the shares to be paid in condemnation of purchase of the land which Sonko rejected and he opted to revenge by maliciously instigating the dismissal of the aforesaid petitions”, he adds.  

According to him, based on the above the Petitioner contends that Justice Chitembwe had ceased to be independent and impartial within the meaning of Article 160 (1) of the Constitution which gives judicial independence to the judiciary.   

The Petitioner contends that the contents in the conversations between the Presiding Judge and a third-party touches on the merits of Nairobi High Court Constitutional Petition No. E425 of 2020 and Nairobi High Court Constitutional Petition No. E005 of 2021 that was heard and determined by the Bench.  

“It is evident that Cecil Miller was acting at the behest of the Nairobi City County Assembly members and County Executive Members in a desperate and deliberate bid to have his illegal legal fees paid and by so doing he engaged Amana Saidi Jirani who is the nominee and relative of Honourable Justice Juma Saidi Chitembwe”, he alleges.

BY SAM ALFAN.

The family of a businessman who was abducted in broad daylight by people believed to be police officers have filed a petition seeking his production in court.

The Ethiopian businessman who is said to be from Tigray origin was captured in a video, which has since gone viral, battling several men in civilian dressing.

The family of Samson Gebreigzi Teklemichael want the Inspector General of police to produce him, dead or alive.

They wants the IG Hillary Mutyambai barred from moving the businessman out of the country.

His wife Milen Halffom Mezgebo wants the police to release her husband with immediate effect.

She told the court that she’s apprehensive that the businessman’s life is in danger, after making several unsuccessful inquiries from various police stations.

“I’m now more than ever fearful and apprehensive that my husband’s life could be in danger and I believe that all this has been orchestrated by state officers,” Mezgebo said in the petition.

In a sworn affidavit Mezgebo says that she received a call on Friday around 1730hrs from her husband saying that he was being taken by unknown people out of his Bentley Car.

She quickly rushed to the Oloitotok and Likoni road roundabout near Kileleshwa where she found his husband’s motor vehicle abandoned.

According to her upon enquiry she was informed by traffic officers at the scene that he was picked by police officers and taken to unknown place.

She forwarded the matter to Kilimani police station and the matter was taken by Directorate of Criminal Investigation ( DCIO) Kilimani.